Commencement of the Cybercrimes Act
The President has proclaimed the commencement of the lion’s share of the Cybercrimes Act, No 19 of 2020, with effect from the 1st of December 2021. The sections omitted from commencement are largely related to the implementation of enforcement mechanisms, and are presumably omitted so as to allow the necessary administrative arrangements to be made. more...
Dismissal versus retrenchment due to restructuring: Operational or Unfair?
A recent Constitutional Court (“CC”) judgment has allowed employers to breathe a collective sigh of relief in the comfort that they cannot be threatened with unfair dismissal proceedings where an employee has unreasonably rejected an employer’s proposals aimed at avoiding retrenchments, and where the employer commences to dismiss the employee by reason of its operational more...
The Importance of a Social Media Policy
Social media has become an indispensable part of communicating and doing business in modern life. The reality is that most employees are likely to use at least one social media platform and have a social media personality that extends outside the parameters of their workplace. Employers are encouraged to have a social media policy in more...
POPI – It is time to comply!
As most of us are aware, The Protection of Personal Information Act 4 of 2013 (the Act) was signed into law on 26 November 2013 and we have written numerous articles on the topic in the last few years while waiting for the Act to become fully operational. Certain sections of the Act have been more...
Misinformation and fake news on COVID-19 – action will be taken!
Misinformation and fake news on COVID-19 – action will be taken!
The ‘Give and Take’ of the The Employment Equity Amendment Bill, 2018 (the “Bill”)
The Employment Equity Amendment Bill, 2018 (the “Bill”) and draft Employment Equity Regulations (the “EE Regulations”) are a direct consequence of the Department of Labour’s twenty-year review into the effectiveness of the Employment Equity Act, 55 of 1998 (the “EEA”). Although the provisions introduced by the Bill are not yet fully enforceable, their implications for more...
Newsflash: Lost title deed and bond amendment on hold!
There has been panic regarding the amendment to regulations 68(1) and 68(11) of the Deeds Registries Act 47 of 1937, which sets out the process to follow when an original deed or mortgage bond has been lost or destroyed. Many will know that to transfer immovable property from seller to purchaser, the original title deed more...
The big question: Discounting Transaction or Incidental Credit?
A question often asked, and understandably so, is what is the difference between a discounting transaction and an incidental credit transaction? On first glance at the definitions in the National Credit Act, 2005 (the “NCA”) they seem almost identical, but one needs to look at the nature of the transaction to differentiate between the two.
Is your company a supplier of goods or services?
Is your company a supplier of goods or services? If so, there are many legal and important commercial aspects to consider when you embark on the process of becoming either the original manufacturer of goods, a link in the supply chain, or the final provider of goods or services to consumers. The Consumer Protection Act more...
Electronic Communications Act
Click here to read the Electronic Communications Act
Companies Act Regulations 2011 (PDF – 970kb)
Companies Act Regulations 2011
Companies Amendment Bill (PDF – 1467kb)
Final_Companies_Amendment_Bill